While estate planning can often help family members avoid disagreements over property when a loved one passes away, it is inevitable that disputes will sometimes arise in the execution of even a carefully considered estate plan. In such cases, estate litigation may be the next logical step toward a resolution. If you are going through an estate dispute and want to know your options when it comes to estate litigation, contact Von Rock Law by calling (866) 720-0195 to schedule a free initial consultation to review your case.
What Does Estate Litigation Involve?
Estate litigation usually refers to legal proceedings that are used to resolve a dispute over the assets of an individual who has passed away. Even if someone has an established estate plan at their time of death, it is still up to the probate court to distribute their assets and possessions according to the instructions specified in that estate plan.
In the best-case scenario, this process can be handled as a routine matter and accomplished without conflict. However, there are times when issues arise, making estate litigation necessary. Litigation may also be required when a person has become incapacitated and can no longer manage their affairs, needs a guardian or conservator, or there is a situation where someone is suspected of abusing their role as a guardian or conservator.
Common Estate Litigation Issues
Although estate litigation can arise for a number of reasons, some of the main grounds that cause family members and others to challenge an estate plan include the following:
- Undue Influence: If a loved one believes the decedent was coerced into including or excluding specific individuals from their Last Will and Testament, that belief could be grounds to contest the will.
- Failure to Follow the Rules: If the individual who created a will failed to follow the requirements as set forth by California Revised Statutes for formality, then there may be grounds to contest the will.
- Mental Incapacity: If a loved one believes the decedent was not of sound mind when they created their estate plan, for instance if there is reason to believe the deceased person may have been suffering from dementia when they created and signed their will, then surviving family members may have a right to contest that will.
- Deficiencies in the Will: If there are legal errors in the estate planning documents, family members may challenge the validity of the document in court.
- Breach of Fiduciary Duties: If there is a situation in which the fiduciary is suspected of not acting in the beneficiary’s best interests, interested parties may be able to pursue legal action.
- Second Marriages: Major life changes can impact estate planning documents. That is why it is common for second marriages, for instance, to lead to estate disputes, especially if children are involved.
- Multiple Wills: Creating more than one will is common, especially following some significant life change such as a remarriage, children being added to the family, separation, or divorce. However, if a new will surfaces after another has already been presented to the court, it may lead to interested parties contesting the already presented will.
- Disputes Between Beneficiaries: Disputes may arise between beneficiaries that result from a missing heir, interpretation of language, or disagreements over how estate assets are divided. Depending on the circumstances of these cases, issues of all these types may give rise to estate litigation.
While these are some of the more common estate litigation issues that may come up, they are not the only problems that can lead to family members taking legal action after an estate dispute. For these reasons, if you want to know more about your legal options when it comes to these problems, contact Von Rock Law to discuss the legal paths available to you.
Who Can Contest a Will?
Unfortunately, even if you believe there are issues with a family member’s estate plan, not everyone will be able to challenge estate planning documents, such as a will. Instead, to contest a will, an individual would need to have standing. According to the California Courts, to have standing, or the right to bring a specific type of claim to court, the individual needs to be an interested party.
Typically, interested parties are those who have been named in an estate planning document, such as a will or trust, or who have enjoyed a close, acknowledged relationship with the decedent. However, to know whether you are considered an interested party and can pursue legal action following an estate dispute, consider contacting an experienced California estate planning attorney to discuss your options.
The Available Remedies Following an Estate Dispute
When there are estate disputes or disagreements, there are several remedies that can be pursued. However, the remedies awarded will usually depend on the particular issues and the parties involved.
For instance, if you pursue estate litigation, the proceedings could result in the following:
- A Financial Damages Award: A party may be able to receive financial damages if they can show that they experienced a financial loss because of estate money mismanagement or some other issues.
- Property Redistribution: If a property was not properly distributed, the court may decide that the property should be distributed once again, according to the decedent’s wishes as laid out in their will or other appropriate documentation.
- Suspending or Removing an Administrator or Executor: Depending on the actions of an administrator or an executor, the court may decide to remove or suspend them.
To understand your potential remedies, consider going over your estate issues with a knowledgeable California estate planning lawyer. These attorneys can thoroughly review your situation, evaluate your legal options, and help you understand the types of remedies you can pursue following an estate dispute.
Contact an Experienced California Estate Planning Lawyer To Learn More About Estate Litigation
While many estate disputes can be avoided by creating a comprehensive estate plan, sometimes there may be no other options other than estate litigation. If you are going through an estate dispute and you want to know whether estate litigation can be avoided, consider discussing your case with an experienced California estate planning lawyer at Von Rock Law today by calling (866) 720-0195 to find out how these legal professionals can help you through this challenging time.
